Tort Law: Text and Materials

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Lunney and Oliphant's Tort Law represents a new generation of tort law textbook. It is specifically designed to present this complex area of the law to a student audience in the clearest possible manner. By explaining the key points of the law at the beginning of each section and following this with substantial case extracts and further commentary, Tort Law enables the student to develop a thorough understanding of this difficult subject area. Also included is a wide selection of critical writings giving an ...
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Overview

Lunney and Oliphant's Tort Law represents a new generation of tort law textbook. It is specifically designed to present this complex area of the law to a student audience in the clearest possible manner. By explaining the key points of the law at the beginning of each section and following this with substantial case extracts and further commentary, Tort Law enables the student to develop a thorough understanding of this difficult subject area. Also included is a wide selection of critical writings giving an invaluable overview of the most important academic perspectives on tort law.
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Product Details

  • ISBN-13: 9780198764014
  • Publisher: Oxford University Press, USA
  • Publication date: 5/25/2000
  • Pages: 880
  • Product dimensions: 6.73 (w) x 9.69 (h) x 1.80 (d)

Meet the Author

Mark Lunney is Associate Professor in the School of Law at the University of New England in New South Wales, Australia. He previously taught at King's College, London.
Ken Oliphant is Director of the Institute for European Tort Law at the Austrian Academy of Sciences in Vienna, and Professor of Tort Law at the University of Bristol.

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Table of Contents

Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Court Rules
Table of EC/EU Legislation
Table of International Treaties and Conventions
1 General Introduction
I Historical Development of Tort Law 1
II Theories of Tort 18
III Tort Law in the Human Rights Era 24
2 Intentional Interference with the Person
I Introduction 29
II Assault 40
III Battery 44
IV False Imprisonment 48
V Intentional Infliction of Physical or Emotional Harm 53
VI Defences 60
3 Negligence - Introduction
I Formulation of a General Duty of Care 83
II The Duty of Care in the Modern Law 100
III Negligence in the Human Rights Era 120
4 Breach of Duty
I Introduction 129
II Reasonable Care: Relevant Considerations 141
III Negligence Judged from the Defendant's Standpoint 148
IV The Objective Standard of Care 154
V Common Practice 164
VI Res Ipsa Loquitur 170
5 Causation and Remoteness
I Factual Causation 177
II Intervening Acts 202
III Remoteness 212
6 Defences to Negligence
I Introduction 228
II Volenti Non Fit Injuria 228
III Contributory Negligence 242
IV Exclusion of Liability 253
V Illegality (Ex Turpi Causa Non Oritur Actio) 260
7 Negligence: Duty of Care - Psychiatric Illness
I Introduction 273
II Witnesses 274
III Participants 286
IV Stress 295
V Evaluation and Reform 299
8 Negligence: Duty of Care - Economic Loss
I The Basic Exclusionary Rule 306
II Defective Product Economic Loss 314
III The Hedley Byrne Exception 332
IV The Development of Hedley Byrne Liability 342
V Evaluation of Hedley Byrne Principles 380
9 Negligence: Duty of Care - Omissions and Acts of Third Parties
I Acts and Omissions 387
II Liability for Omissions 390
III Liability for the Acts of a Third Party 402
10 Negligence: Duty of Care - Public Bodies
I Introduction 420
II The Public Law Dimension 421
III The Private Law Dimension (i): Policy Reasons for Limiting the Liability of Public Bodies 434
IV The Private Law Dimension (ii): Statutory Responsibilities as a Source of Affirmative Duties 446
11 Special Liability Regimes
I Employers Liability 455
II Occupiers' Liability 466
III Product Liability 488
IV Breach of Statutory Duty 501
V Euro-Torts 523
12 Nuisance and the Rule in Rylands v Fletcher
I Public and Private Nuisance 529
II Private Nuisance 532
III The Rule in Rylands v Fletcher 569
13 Defamation and Privacy
I Introduction 581
II Libel and Slander 585
III Defamation: Elements of the Cause of Action 588
IV Defamation: Defences 606
V Remedies 638
VI Defamation, Free Speech, and the Press 651
VII Privacy 657
14 Vicarious Liability
I Development of and Justification for Vicarious Liability 675
II The Employer-Employee Relationship 678
III The Course of Employment 685
IV Primary Liability and Liability for Agents and Non-Employees 703
15 Damages for Personal Injury
I Introduction 711
II Different Types of Damages 711
III Damages Awarded Once-And-For-All in a Lump Sum 720
IV Damages for Personal Injury 726
16 Death and Damages
I The Effect of Death on Existing Causes of Action 752
II Death as a Cause of Action 756
III Current Legislation 759
17 How Tort Works
I Tort Law in Operation 770
II Tort and the Fault Principle Evaluated 791
Index 807
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